Featured Issue: U.S. Immigration Courts under Trump 2.0
The U.S. immigration court system plays a critical role in upholding due process and ensuring fair hearings for individuals facing deportation. However, since January 20, 2025, the Department of Justice (DOJ) has implemented significant changes that challenge the structural integrity of these courts. This page aims to provide up-to-date information on the policy and legal shifts affecting the U.S. immigration court system.
Latest Updates
Updates from EOIR
Browse the Featured Issue: U.S. Immigration Courts under Trump 2.0 collection
AIM: The Human Impact of Immigration Policy
For May's AILA Interview of the Month (AIM), a young woman joins us to tell her personal story that highlights the human impact of immigration policy and the importance of sharing individual narratives to help create change.
CA9 Finds Petitioner Is Not Eligible for 212(c) Relief
The court held that the petitioner falls outside of the protective scope of §212(c) because he is an aggravated felon who filed for relief after 11/29/90, regardless of when he was initially admitted to the U.S. (Lawrence v. Holder, 5/21/13)
USCIS Q&As from Liaison Meeting with NBC (5/10/13)
USCIS Q&As from the AILA NBC Liaison Committee’s 5/10/13 meeting with the National Benefits Center, including processing times for I-290Bs, I-601A provisional waivers, stand-alone I-130 processing, interview waiver adjustment of status, and processing times.
AILA NBC Liaison Committee Meeting Minutes
Meeting minutes from the AILA NBC Liaison Committee’s 5/10/13 meeting with the National Benefits Center, including information on new NBC initiatives and staffing updates, I-601A provisional waivers, stand-alone I-130 processing, interview waiver adjustment of status, and processing times.
USCIS Data on DACA Cases Received Through May 17, 2013
USCIS statistics on DACA cases from 8/15/12 to 4/30/13 which shows a total of 497,960 accepted DACA requests for processing, 483,907 biometric services appointments scheduled and 291,859 requests approved.
USCIS Data on DACA Cases Received Through March 31, 2013 (Corrected)
USCIS corrected statistics on DACA cases from 8/15/12 to 3/31/13 which was corrected on 5/9/13 to revise the number of cases under review in October 2012 from 134,858 to 106,752 cases.
USCIS Data on DACA Cases Received Through March 31, 2013
USCIS statistics on DACA cases from 8/15/12 to 3/31/13 which shows a total of 472,004 accepted DACA requests for processing, 456,843 biometric services appointments scheduled and 268,361 requests approved.
CA9 on EAJA Fees
The court denied the motion for attorney’s fees, although one Circuit Judge wrote a concurring opinion noting that “EAJA does not work well when it compels a court to cut off compensation of careful and effective advocacy.” (Sargsyan v. Holder, 5/9/13)
BIA Holds Child Cannot Rely on Parent’s Status and Residence to Establish Cancellation Eligibility
The Board held that a parent’s LPR status and residence in the U.S. cannot be imputed to an unemancipated minor for purposes of establishing the child’s eligibility for cancellation of removal. Matter of Montoya-Silva, 26 I&N Dec. 123 (BIA 2013)
Senators Advance Both Good and Bad Amendments on Bipartisan Bill
AILA released a press statement regarding the hundreds of amendments to S. 744 filed yesterday by Republican and Democratic members of the Senate Judiciary Committee.
CA8 Denies Withholding of Removal to Evangelical Christians from Mexico
The court held that the petitioners did not show that the conditions in their town rose to the level of persecution, and that they could relocate to a different part of Mexico to avoid persecution as Evangelical Christians. (Alavez-Hernandez v. Holder, 5/8/13)
ICE Detainee Dies at Arizona Detention Facility
ICE press release on death of 40-year-old Guatemalan man of an apparent suicide at the Eloy Detention Center in Arizona. He is the fifth detainee to die in ICE custody in FY2013.
CA7 Holds BIA Did Not Meaningfully Address Evidence in Asylum Case
The court held that the BIA failed to meaningfully to address documents bolstering the petitioner’s assertion that conditions in China have changed for the worse, and remanded the case to the BIA. (Ni v. Holder, 4/26/13)
TRAC Report on Removal Orders Granted by IJs
Transactional Records Access Clearinghouse (TRAC) report on removal orders granted by Immigration Judges. Chart is updated with new data as it is available.
Asylum Division Officer Training Course One-Year Filing Deadline Lesson Plan
USCIS provided the ADOTC lesson plan on one-year filing deadline. This lesson describes the statutory bar to applying for asylum more than one year after an alien's date of last arrival.
BIA Remands Moldova Asylum Applicant for Entry of New Decision
Unpublished BIA decision remanding record as IJ didn’t adequately addressed respondent’s corroborative evidence in his conclusion that respondent did not establish past persecution and that the new entry must be based on applicable 9th Circuit and BIA precedents. Special thanks to Michael Alexei.
EOIR Swears in Five New Immigration Judges
EOIR press release announcing swearing-in of Timothy Everett (Los Angeles Immigration Court), J. Traci Hong (Los Angeles Immigration Court), Amy Lee (Los Angeles Immigration Court), Elizabeth McGrail (Los Angeles Immigration Court) and John Odell (Tacoma Immigration Court).
CA2 on Eligibility for Special Rule Cancellation of Removal
The court held that, as an unadmitted alien, the petitioner cannot be ineligible for NACARA relief because of a conviction that would make him deportable under INA §237, and that the BIA’s interpretation is inconsistent with the regulation. (Reyes v. Holder, 5/3/13)
CA5 on the Definition of Lawful Status
The court upheld the BIA’s conclusion that the petitioners were not in lawful status after their L-1A and L-2 visas expired, despite having an adjustment of status application pending, because adjustment of status was ultimately denied. (Dhuka v. Holder, 5/3/13)
CA9 Finds Asylum Applicant’s Proposed Social Group Lacks Sufficient Particularity
The court held that the petitioner’s proposed social group - which he described as disabled persons, insulin-dependent diabetics, or insulin dependent diabetics who suffer from mental illness - lacked sufficient particularity. (Mendoza-Alvarez v. Holder, 5/3/13)
CA9 to Rehear Case on Credibility Determinations En Banc
The court ordered that Oshodi v. Holder, which discussed credibility determinations under the REAL ID Act, be reheard en banc. (Oshodi v. Holder, 5/3/12)
BIA on the Effect of Dual Nationality on an Asylum Claim
The Board held that an individual who is a citizen or national of more than one country, but has no fear of persecution in one of the those countries, does not qualify as a refugee under INA §101(a)(42). Matter of B-R-, 26 I&N Dec. 119 (BIA 2013)
AILA ICE Liaison Committee Meeting Q&As (5/02/13)
AILA ICE Liaison Committee questions and answers from the 5/02/13 liaison meeting with ICE, including information on prosecutorial discretion, deferred action, I-94s and adjustment of status, U visas, the RCA, right to counsel, withholding of removal, FOIA, and ATDs.
Practice Alert: DACA Interviews at Local USCIS Field Offices
The AILA USCIS Field Operations liaison committee informs members that some DACA cases are being transferred to local field offices, and of those cases, some are being randomly selected for interviews.
DOJ OIL May 2013 Litigation Bulletin
The DOJ OIL Immigration Litigation Bulletin for May 2013, with articles on German enforcement of general school-attendance laws and asylum eligibility and the Adverse Credibility project, as well as litigation highlights, recent circuit court decisions, and monthly topical parentheticals.